Collectica Threat to attend with Locksmith no previous correspondance

[mike22861]

Hi after some advice,

I have got home today to find a hand delivered letter from collectica ( no time of delivery or any house identification on the letter)Headed in Large Capitals NOTICE OF INTENTION TO ENTER & SEARCH YOUR PREMISES - REMOVAL NOTICE saying i have to pay £1151.67 immediately or they will return tomorrow (20th) with police and a locksmith to remove good in my absence between 7am and 1pm

a/ I know nothing about this I moved here 2 years ago the letter just says HMCTS

b/ There letter states that under schedule 4A of the DVCA act 2004 they are empowered to enter my premises by force.

Ive been checking up on this helpful site and I take it I should have had a further steps letter even if its has followed me from an old address and that in fact collictica are not empowered to break in.

Should I go do a statutory declaration that I have received no notification of the intitial offence and no further steps notice in respect of this, and as I wont be here tomorrow as I am away back to work tonight what should i do about Collectica .

Any help would be gratefully accepted it seems to me like under hand scare tactics#there must be some way to get this referred back to HMCTS

[charitynjw]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Hi after some advice,

I have got home today to find a hand delivered letter from collectica ( no time of delivery or any house identification on the letter)Headed in Large Capitals NOTICE OF INTENTION TO ENTER & SEARCH YOUR PREMISES - REMOVAL NOTICE saying i have to pay £1151.67 immediately or they will return tomorrow (20th) with police and a locksmith to remove good in my absence between 7am and 1pm

Strange - that procedure is not listed as one of the options available to them on their own website!

What procedures can Collectica take to recover the amounts owed?
Collectica could undertake one or more of the following procedures to recover outstanding amounts owed to our client. It is always best to contact Collectica immediately in order to arrange payment as this will reduce additional costs to you as the case continues. We may;

• Send letters and make telephone calls to you or your organisation.
• Instruct our Enforcement Officers to attend your home/organisation to carry out recovery procedures which may involve the repossession/removal of the goods owned by you or your organisation.
• Clamp and remove vehicles you or your organisation own and sell them via public auction to settle the amounts owed.
• Recommend our client seek a County Court Judgement and/or attempt to gain an attachment to your earnings directly from your salary, employer or benefits.
• Serve a statutory demand/bankruptcy petition or apply for a third party debt order.
• For certain arrears a warrant to arrest you to appear at court immediately may be issued.

http://www.collectica.co.uk/faqs/


a/ I know nothing about this I moved here 2 years ago the letter just says HMCTS

b/ There letter states that under schedule 4A of the DVCA act 2004 they are empowered to enter my premises by force.

Ive been checking up on this helpful site and I take it I should have had a further steps letter even if its has followed me from an old address and that in fact collictica are not empowered to break in.

Should I go do a statutory declaration that I have received no notification of the intitial offence and no further steps notice in respect of this, and as I wont be here tomorrow as I am away back to work tonight what should i do about Collectica .

Any help would be gratefully accepted it seems to me like under hand scare tactics#there must be some way to get this referred back to HMCTS

Looks like porkies, to me

[bluebottle]

Re: Collectica Threat to attend with Locksmith no previous correspondance

A few questions -

1. What is the alleged offence?
2. Which court issued the Distress Warrant?

Collectica are required to seek authorisation from a nominated officer at the court that issued the DW and justify the need to force entry. They cannot just force entry as and when they feel like it. There are stops and checks in the system to prevent abuse by contracted bailiffs.

You need to check with the court that allegedly issued the warrant. If this is the first you knew of any alleged offence, you do need to contact the court immediately. BY my reckoning, we are talking about an alleged fine in the region of £851.67. The other £300 is Collectica's fees.

FWIW, Collectica have recently been caught telling porkies to HMCTS about a debtor and had a DW recalled as a result.

[wales01man]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Does this letter have the OP name on it?

[labman]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Are you aware of anything that could have followed you from previous addresses, or do you believe this to be a total mistake?

[mike22861]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Ive had a little more time to unravel this turns out when i moved I sold a car and a motorbike at the old property sent off the V5s consequently DVLA lost/didnt receive them and I got fined £80 each at the old address this escalated to £851.67 as all correspondence went to old address eventually some bright soul must have tied my new address up with it. The court were actually helpful and the amount is now paid in full (the £851.67 ) and i have a printed receipt.

I can assure you the threat letter from Collectica was definately designed to scare and it did . The court have stated the distress warrant is cancelled as the fine is paid in full so I assume now Collectica will be after their £300 for posting a letter , Not a chance .

Is it worth complaining about the letter it is nothing more than bullying and threatening I'd hate that letter to arrive on the doorstep of someone vulnerable

[bluebottle]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Did HMCTS explain how it got to £851.67. Also, DVLA have form for not informing alleged "offenders" of alleged offences and court hearings and have had convictions set aside (cancelled) as a result.

As regards Collectica's £300 fees, I would be inclined to seek direction from the court on that one. You may have to pay them, but, then again, you may not. You won't know, either way, until you speak to the court. Try and do that before the court closes for the day.

[mike22861]

Re: Collectica Threat to attend with Locksmith no previous correspondance

ive attached the letter with my address blanked out it isnt pleasant bearing in mind it is the first I knew about this

[bluebottle]

Re: Collectica Threat to attend with Locksmith no previous correspondance

ive attached the letter with my address blanked out it isnt pleasant bearing in mind it is the first I knew about this

Strictly speaking, Mike, you should have asked to have the matter set aside, not paid the fine. HMCTS know this and should have told you, as well have made arrangements for you to swear a Statutory Declaration. You also need to get back to the court today to establish whether you are liable to pay Collectica's fees, given Collectica's recent transgression.

[mike22861]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Sadly I can't make the court today its 40 miles away its not my local court
I am assuming i can ask for set aside the fine payment is a formailty, I also assume that without a Further Steps the distress warrant wasnt valid anyway so technically are the fees enforcible?
I can go to the court on monday and do a statutory declaration

[bluebottle]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Ring the court now, if they are still open, and try and sort it out. If you paid the fine because of error on the part of an HMCTS employee, that may need to be sorted, but I cannot guarantee they will refund the fine. Without a FSN, a fine cannot be enforced. It sounds to me that DVLA have been up to their usual tricks of obtaining default convictions by not informing defendants and misleading the courts. The term for this sort of thing is Perverting the Course of Justice and it carries a substantial custodial sentence if anyone is found guilty of committing it.

[CleverClogs]

Re: Collectica Threat to attend with Locksmith no previous correspondance

The term for this sort of thing is Perverting the Course of Justice and it carries a substantial custodial sentence if anyone is found guilty of committing it.

Yes...


If.

[labman]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Woah! Slow down a bit. Perverting the course of justice is a very serious offence, and I don't think we should be throwing accusations of that around without substantial evidence.

I would ask to swear the Statutory Declaration both that you did send off the V5(c) documents to DVLA and that all subsequent post went to the old address, and that you did not receive a Further Steps Notice.

I would also be inclined to apply for the judgment to be set aside using Form N244 which you can find here:

http://www.justice.gov.uk/forms

[bluebottle]

Re: Collectica Threat to attend with Locksmith no previous correspondance

Woah! Slow down a bit. Perverting the course of justice is a very serious offence, and I don't think we should be throwing accusations of that around without substantial evidence.

I would ask to swear the Statutory Declaration both that you did send off the V5(c) documents to DVLA and that all subsequent post went to the old address, and that you did not receive a Further Steps Notice.

I would also be inclined to apply for the judgment to be set aside using Form N244 which you can find here:

http://www.justice.gov.uk/forms

Unless I am very much mistaken, an N244 is for civil cases. When asking a magistrates court to set aside a conviction in the circumstances you describe, LM, the defendant contacts the court and the court makes arrangements for the defendant to attend the court and swear a Statutory Declaration to confirm that the defendant had no knowledge of any proceedings, etc. It is from this that the conviction is set aside.

Regarding Perverting the Course of Justice, the act of not informing someone of proceedings and then obtaining a conviction by default is conducive to the offence of Perverting the Course of Justice. Read the final sentence in Post #11. It is also a breach of Article 6, Human Rights Act (Right to a Fair Hearing). Don't forget that Capita/TV Licensing employees have been caught and convicted of the offence and are either serving community or custodial sentences. Something very wrong is going on at DVLA and it needs nipping in the bud.

[ploddertom]

Re: Collectica Threat to attend with Locksmith no previous correspondance

I would also be inclined to apply for the judgment to be set aside using Form N244 which you can find here:

That is for County/High Court this is Magistrates. A Statutory Declaration should be allowed and as the issuing Court is at a distance this should be allowed at a Court close to the OP, any monies thus paid should be refunded. There is obviously a good chance this should never have gone to Court in the first instance.